Paternity (Parentage)

When a child is born to parents who were not married at the time, the parents can establish their legal status as parents through the courts or by signing a Voluntary Declaration of Paternity.  If the parents do not agree who the father is, the court can order genetic testing.  If the parents were married when the child was born, the law presumes the husband to be the father.  Again, this presumption can be overcome where the parties disagree, through genetic testing or other proof.

Parentage is important to issues of child support and child custody and visitation.  Generally speaking, only a legal parent has the right to custody and visitation.  Conversely, once a person is established as a legal parent, that person has a legal obligation to support the child financially.  Paternity issues do not affect spousal support or property division in a divorce.

When seeking to establish parentage, the complexity of the case depends on many factors, such as whether or not the other parent files a response to the petition and whether or not the parents can reach an agreement as to their legal status and child custody and support issues.

Even if parentage has been established, for instance through the signing of a Voluntary Declaration of Paternity, this action may be set aside for good cause through a court action.  Genetic testing may be ordered in this instance as well.

Dealing with paternity issues is a major part of the practice for the family law attorneys at Rombro & Associates.  If you are seeking to establish or challenge paternity, contact our office for a confidential consultation.